Civ Pro Midterm Focused Set

Question 1

Hawkins v. Masters Farms, Inc. Domicile Rule

Answer 1

Domiciled (for adults) is established by physical presence in a place in connection with a certain state of mind concerning one’s intent to remain there

Question 2

Domiciled
Is this enough for personal Jurisdiction?

Answer 2

Domicile in the state is alone sufficient to bring an defendant within the reach of the states jurisdiction

Question 3

Absent defendant
(Domicile)

Answer 3

Authority of a state over one of its citizens is not terminated by the mere fact of his absence for the state

State which accords him privileges and affords protection to him and his property by virtue of his domicile may also exact reciprocal duties

Method used (actual notice) is reasonably calculated to give defendant notice of the proceedings and an opportunity to be heard
Fair play and substantial justice

Question 4

Pennoyer v. Neff (land seizure)
Rule

Answer 4

To obtain jurisdiction over a non-resident, due process requires that the non-resident defendant receive personal service (actual notice) of the lawsuit in order for the defendant to be bound by the judgement rendered. Constructive notice will always have problems while actual notice can show that the individual received the complaint.

Question 5

Rule (in-rem)

Answer 5

For the State court to have jurisdiction over property, the property needs to be attached when the lawsuit commenced

Question 6

In Rem v In Personam

Answer 6

In Rem action is a proceeding where property is the direct object of the action.

In personam is an action brought against a person

Question 7

Side-Note
If non-resident, what was the service

Answer 7

(for now) have to say the required actual personal service for notice

Question 8

International Shoe Company v. Washington (Base for SJ)

Answer 8

Rule - Minimum contacts

If defendant is not present (not home state), they must have certain minimum contacts with the state such that the maintenance of the suit does not offend ‘traditional notions of fair play and substantial justice

Question 9

Presence
(International Shoe)

Answer 9

Degree and amount of activities conducted in state and or what the company authorizes for employees to do in that state. Manifested only by activities carried on its behalf by those authorized to act for it.

Question 10

Presence Test
(International Shoe)

Answer 10

Presence of a corporation exist when the corporation’s activities are continuous and systematic

Question 11

Unilateral Activity
(Hanson v. Denckla)

Answer 11

Unilateral activity of those (plaintiffs) who claim some relationship with a non-resident defendant cannot satisfy the requires of (defendant) contact with the forum state

Question 12

Purposeful Availment
(Hanson v. Denckla )

Answer 12

It is essential that there be some act by which the defendant purposefully avails itself of the privilege of conducting activities with the forum state

Targeted reaching onto a state
Targets a state for business

Question 13

Shaffer v. Heitner Rule

Answer 13

Minimum contacts test applies to individual people and corporations

Question 14

Policy reasonings for personal jurisdiction
(World-Wide Volkswagen Corp. v. Woodson)

Answer 14

Protects defendants from litigation in an inconvenient state:

Reasonableness

Fairness

Question 15

Determining Fairness and Reasonableness
(World-Wide Volkswagen Corp. v. Woodson)

Answer 15

Forum state’s interest in adjudicating the dispute

Plaintiff interest in obtaining convenient and effective relief

Interstate judicial systems interest in obtaining most effective resolutions of controversies:
Expense, evidence, etc.

Shared interest of states in maintaining fundamental substantive social justice

Question 16

Purposeful Availment

(World-Wide Volkswagen Corp. v. Woodson)

Answer 16

When a corporation avails itself of the privilege of conducting activities within the forum state, it has clear notice that its subject to suit there and can act to alleviate the risk of burdensome litigation

Can be very little conduct but very purposeful contact

Question 17

Purposeful availment
(J. McIntyre Machinery Ltd. v. Nicastro)

Answer 17

Contact with and activity directed at a sovereign (forum state) may justify specific jurisdiction in a suit arising out of or related to the defendant’s contacts with the forum

Question 18

Four Ways to Submit to State Jurisdiction
(J. McIntyre Machinery Ltd. v. Nicastro)

Answer 18

Consenting to jurisdiction

Establishing presence within a state when suit commences through service of process

Processing citizenship or domicile in the state (home)

For corporations its the state of incorporation or the principle place of business are adequate to show submission to a states jurisdictional authority
(First case to state this)

Question 19

Minimum Contacts v. Purposeful Availment
(J. McIntyre Machinery Ltd. v. Nicastro)

Answer 19

Can have minimum contacts for purposeful availment but cannot have purposeful availment for minimum contacts

Question 20

Calder Effects

Abdouch v. Lopez (Intentional Tort)

Answer 20

A defendant’s tortious acts can create PJ only when plaintiff makes a prima facie showing that the defendants acts

Were intentional

Uniquely aimed and expressly aimed at the forum state

Caused harm, the brunt of which was suffered and which the defendant knew was likely to be suffered in the forums state

Question 21

Purposeful Availment Specific Advertisement
(Abdouch v. Lopez)

Answer 21

One advertisement targeting specific state, then purposeful availment because defendants activity sought out that state

Question 22

General Jurisdiction
Definition

Answer 22

Defendant can be sued in their home state over any matter

Question 23

Personal Jurisdiction
Doctrine

Answer 23

Doctrine of Personal Jurisdiction focuses on the defendant

Question 24

Personal Jurisdiction
Who has to raise it?

Answer 24

Defendant must raise issue

Question 25

Personal Jurisdiction Can it be waived

Answer 25

Defendant can either consent or waive the claim

Question 26

Personal Jurisdiction State entering judgement to defendant with no connections

Answer 26

State cannot enter judgement against a defendant who has no connection with the state

Question 27

Personal Jurisdiction Has the defendant had enough contact with the state to justify dragging them into the state for litigation?

Answer 27

Not a fair forum to be dragged in a state that the defendant has no connection to

Question 28

Specific Jurisdiction Definition

Answer 28

Defendants actions are enough to subject (person or corporation) to the states tribunals only in relation to a suit involving the conduct commuted in that state

Question 29

Specific Jurisdiction Simplified definition

Answer 29

Jurisdiction extends to the specific act performed in the state, and nothing else Enough in the state to be considered presence Sued only for the matter and nothing else

Question 30

Goodyear Dunlop Tires Operations, S.A. v. Brown Minimum Contacts Foreign Corporation (General Jurisdiction)

Answer 30

A court may assert general jurisdiction over foreign corporations to hear any and all claims against them, when their affiliations with the state are so “continuous and systematic” as to render them essentially at home in the forum state

Question 31

Daimler AG v. Bauman General Jurisdiction (National Corporation)

Answer 31

Corporations can only maintain General Jurisdiction in states they are incorporated or principle place of business

Question 32

Waiving Personal Jurisdiction

Answer 32

If you don’t raise specific or general jurisdiction in brief, its waive

Question 33

Bristol-Myers Squibb Co. v. Superior Court Specific Jurisdiction over non-residents

Answer 33

A state does not have specific jurisdiction over non-residents bringing suit against a corporation that isn't incorporated or personal place of business in that state and none of the claims of the residents are alleging occurred in that state

Question 34

Special Appearance

Answer 34

Permits the defendant to object jurisdiction without the action of objecting being itself the basis for jurisdiction

Question 35

Pre-Answer Motion

Answer 35

Raised before an answer to the complaint.Lack of personal jurisdiction is raised as a singular issue in a brief. If motion is declined, then motion to dismiss for other reasons can be filed and coupled together Benefits Defendant stands to get the case dismissed Complex facts and straightforward jurisdictional defense, it might be more efficient to move to dismiss

Question 36

Answer (Lack of Personal Jurisdiction)

Answer 36

Lack of personal Jurisdiction can be raised but only if there has been no pre-answer motion Party with a potential defense based on personal jurisdiction waives that defense by failing to assert it at an early state of litigation Either pre-answer or in the answer

Question 37

Transient Jurisdiction Burnham v. Superior Court

Answer 37

Jurisdiction based on physical presence alone constitutes due process because it is one of the due process standard of “traditional notions of fair play and substantial justice” A nonresident is properly served if he is physically present in the forum state then the forum state may exercise personal jurisdiction over him without violating due process

Question 38

Forum Selection Clause Carnival Cruise Lines, Inc. v. Shute

Answer 38

Pertaining to admiralty law, forum-selection clauses are enforceable unless there indication that the forum was selected to discourage the purising of legitimate claims Including a reasonable forum clause in a form contract of this kind well may be permissible for several reasons: Has special interest in limiting fo ra where it could be sued It eliminated confusion about where suit can be brought Can benefit passengers by reducing fares by limiting zone of jurisdiction for Carnival

Question 39

Minimum Contacts (National Corporations & Individuals Specific Jurisdiction) (Test Rule)

Answer 39

When defendants contacts with the forum are so continuous and systematic that maintenance of the suit does not affect traditional notions of fair play and substantial justice Continuous and systematic depends on the degree and amount of activities conducted in the forum Single and isolated activities is not enough

Question 40

Purposeful Availment (National Corporations and Individuals) (Test Rule)

Answer 40

Contact with and activity directed at a sovereign (forum state) may justify specific jurisdiction in a suit arising out of or related to the defendants contact with the forum Unilateral activity of the plaintiff does not constitute purposeful availment

Question 41

Calder Test (Torts) (Test Rule)

Answer 41

A defendant's tortious acts can create PJ only when plaintiff makes a prima facie showing that the defendants acts Were intentional Uniquely aimed and expressly aimed at the forum state Caused harm, the brunt of which was suffered and which the defendant knew was likely to be suffered in the forums state

Question 42

Minimum Contacts (Foreign Corporations General Jurisdiction) (Test Rule)

Answer 42

A court may assert general jurisdiction over foreign corporations to hear any and all claims against them, when their affiliations with the state are so “continuous and systematic” as to render them essentially at home in the forum state

Question 43

General Jurisdiction Individuals Domiciled (Test Rule)

Answer 43

Domiciled (for adults) is established by physical presence in a place in connection with a certain state of mind concerning one’s intent to remain there.

Question 44

General Jurisdiction Corporations (Test Rule)

Answer 44

For corporations its the state of incorporation or the principle place of business are adequate to show submission to a states jurisdictional authority

Question 45

Actual Notice

Answer 45

Personal service of notice is the gold standard Mailing service of notice

Question 46

Constructive Notice

Answer 46

When defendant cannot be located notice is published in newspaper

Question 47

Requirements for Notice

Answer 47

Must convey required information: Being sued Cause of action Location of jurisdiction Reasonable amount of time to respond Honest attempt to give notice; reasonably calculated Impractical search not required If address is known, have no reason to give worse notice than mail

Question 48

Long-Arm Statute Definition

Answer 48

State statutes that specify the extent to which courts may exercise personal jurisdiction over a defend outside the state It can be limited but not extended

Question 49

Transferring Venue

Answer 49

Applies only to the federal courts, allowing them to move cases around the country

Question 50

28 U.S.C §1391 (b)

Answer 50

Venue in general. A civil action may be brought in:

Question 51

28 U.S.C §1391 (b)(1)

Answer 51

Judicial district in which any defendant resides, if all defendants are residents of the state in which the district is located

Question 52

28 U.S.C §1391 (b)(2)

Answer 52

A judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is subject of the action is situated, or…

Question 53

28 U.S.C §1391 (b)(3)

Answer 53

If there is no district in which any may otherwise be brought as provided in section, any judicial district in which any defendant is subject to the courts personal jurisdiction with respect to such action

Question 54

Forum Non Conveniens

Answer 54

§1404 - For the convenience of parties and witness, in the interest of justice, a district court may transfer any civil action to any other district or decision where it might have been brought or to any district or division to which all parties have consented

Question 55

Motion to Dismiss Under Non Conveniens Private interest

Answer 55

Ease of accessing proof Availability of compulsory process for unwilling witness Cost of obtaining attendance of witnesses Proximity to place where incident occurred (if viewing necessary) “All other practical problems that make trial of a case easy, expeditious, and inexpensive”

Question 56

Motion to Dismiss Under Non Conveniens Public interest

Answer 56

Administrative difficulties from court congestion Local interest in having a local controversy decided at home Having diversity action tried in forum that is home to the law governing the action Avoiding conflicts of law or application of foreign law Unfair burden of jury duty for case unrelated to forum

Question 57

Inadequate damages

Answer 57

Plaintiff is considered in venue change when the remedy provided by the alternative forum is so clearly inadequate or unsatisfactory that it is no remedy at all, will the unfavorable change in law be given substantial weight

Question 58

Atlantic Marine Construction v. United District Court

Answer 58

If there is venue under §1391(b), then we cannot say its improper (which is what rule 12 states) or wrong (which is 1406)

Question 59

Neff Rule 2

Answer 59

Actual Notice + Chance to Be Heard